State campaign finance laws change constantly, but not always this quickly. In late March, the New Jersey Election Law Enforcement Commission (ELEC) issued an advisory opinion stating that independent expenditure-only political committees (Super PACs) in New Jersey would be subject to the same contribution limits as other New Jersey political committees.

At that time, ELEC said that it lacked authority to decline to enforce the limits, even while recognizing that its decisions might well be contrary to a growing number of federal and state courts holding that contribution limits on independent groups are unconstitutional. But after being sued in federal district court for a temporary injunction by the same group who requested the advisory opinion, ELEC changed course. On April 25, ELEC consented to a preliminary injunction, prohibiting the agency from enforcing contribution limits against Super PACs in New Jersey. It has been reported that at its meeting last week, ELEC agreed to a permanent injunction from enforcing the limits, but this has not yet been formalized in court.

Also reported from that meeting is that ELEC will support legislation requiring independent expenditure groups to disclose their donors if they do not qualify as state political committees, which are already required to do so. We will monitor the legislation and provide updates as information becomes available.

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Photo of Lawrence H. Norton Lawrence H. Norton

Larry Norton, a former general counsel of the Federal Election Commission (FEC), advises clients on federal and state campaign finance laws, lobbying disclosure, gift and ethics rules, pay-to-play laws, and the tax implications of political activities. His clients include corporations and their PACs…

Larry Norton, a former general counsel of the Federal Election Commission (FEC), advises clients on federal and state campaign finance laws, lobbying disclosure, gift and ethics rules, pay-to-play laws, and the tax implications of political activities. His clients include corporations and their PACs, advocacy groups and trade associations, candidates, super PACs, lobbying shops and law firms, and high-net-worth individuals. Larry recognizes the unique issues facing organizations seeking to influence public policy and elections. He provides pragmatic and creative solutions to complex problems, troubleshoots new projects and programs, and helps clients manage their legal and reputational risks.

Photo of Ronald M. Jacobs Ronald M. Jacobs

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political…

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political law, including campaign finance, lobbying disclosure, gift and ethics rules, pay-to-play laws, and tax implications of political activities.